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Commercial surrogate motherhood and the alleged commodification of children: a defence of legally enforceable contracts

Swales, J. Kim and McLachlan, H.V. (2009) Commercial surrogate motherhood and the alleged commodification of children: a defence of legally enforceable contracts. Law and Contemporary Problems, 72 (3). pp. 91-107. ISSN 0023-9186

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Abstract

Commercial surrogate-motherhood contracts should be legally enforceable, despite the vociferous and prevalent opposition to them. We shall, in particular, argue here that they do not involve the commodification of children, nor in other ways are they contrary to the interests of the children concerned. Our case is developed in response to criticisms of arguments we have made before in defense of commercial surrogate motherhood, particularly those criticisms made by Elizabeth Anderson, who is probably the most influential, eloquent, and forceful opponent of commercial surrogate motherhood or, as it is sometimes called, 'contract pregnancy.'